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(영문) 인천지방법원 2016.08.09 2015가단69913
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,606,736 and the interest rate of KRW 15% per annum from November 21, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application for provisional seizure against the claim amounting to KRW 33,181,126 with the Incheon District Court to preserve the claim amounting to KRW 33,181,126 with respect to the non-party AB Co., Ltd. (hereinafter “non-party A”) and received a decision of acceptance from the above court on May 19, 2015. The said decision was served on July 9, 2015 on the Defendant.

B. On September 24, 2015, the Plaintiff received a seizure and collection order (hereinafter “distribution and collection order of the instant claim”) from the Incheon District Court in relation to the Nonparty Company as to “3,606,706 won out of the construction price claims of the Gyeongdae Hyundai Hotel New Hotel Construction Corporation (hereinafter “the instant construction”) that the Nonparty Company had against the Defendant,” and issued a seizure and collection order (hereinafter “distribution and collection order of the instant claim”) to transfer the provisional seizure to the main seizure under the Incheon District Court 2015TT26502. The seizure and collection order of the instant claim was delivered to the Defendant on September 30, 2015.

C. On the other hand, on August 19, 2014, the non-party company concluded a construction contract with the Defendant on the contract amount of KRW 659,116,700 with respect to the Changho Construction among the construction works of the Gyeongmun-dong 274-1 and the construction works of the Gyeongmun-dong 274-1, and the construction period from August 18, 2014 to March 31, 2015. The non-party company paid KRW 676,806,90 in total from October 17, 2014 to June 10, 2015.

On May 20, 2015, the Defendant ordered the non-party company to perform additional construction works, such as nudd elevator, in written estimates of construction cost of KRW 13,318,00 (excluding value-added tax) at the construction site of this case.

【Ground of recognition” without any dispute, Gap evidence 1-1, 2, Eul evidence 2, Eul evidence 1-3, Eul evidence 4-1 through 19, Eul evidence 5-1 through 6, Eul evidence 6-1 through 5, Eul evidence 7-1 through 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties concerned is the seizure and seizure of the instant claim against the Defendant of the non-party company.

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